[RPPTL LandTen] Chapter 83 part 1 or part 2

[Dennis Chen]

I believe Part I is the better choice.  Here is the cite to a case that is
not on point but the court's statutory reference is to part I.  Seymour v
Adams, 638 So. 2d 1044, Fla. 5th DCA 1994)

Dennis,


Dennis A. Chen, Esq.
Chen Law Firm, PA
5401 S. Kirkman Rd., Ste. 310
Orlando, Florida 32819
Tel:   (407) 392-1872
Fax: 1-866-571-3421
dennis at chenlaw.net

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On Tue, Jul 30, 2013 at 2:41 PM, Alberto MCardet <acardet at justice.com>wrote:

> Is anyone aware of any case law that will support the contention that
> residential property subject to a residential lease that is exclusively
> used to operate business and no one actually resides on the property is
> subject to part 1 of chapter 83 and not part 2?****
>
> ** **
>
> These are my basic facts.****
>
> ** **
>
> Landlord and tenant enter into residential lease for residential
> property.  Tenant uses property to operate business and never resides on
> the property.  Lease is terminated, however, utilities were shut off early
> (10 days prior to tenant vacating).  Tenant now claims self-help and wants
> 3 months’ rent.  Presiding  judge is inclined to rule against tenant on
> self-help claim based on the fact that although property is residential and
> lease appears to be residential, this is actually a business lease and
> tenancy is governed by part1 and not part 2 of chapter 83.****
>
> ** **
>
> Thank you****
>
> ** **
>
> Albert****
>
> ** **
>
> Alberto M. Cardet, P.A.****
>
> 1330 Coral Way #301****
>
> Miami FL 33145****
>
> 305-403-7783****
>
> 305-403-7824 (fax)****
>
> ** **
>
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